Hope et al. v. Commissioner (7th Cir. 2021)
7th Circuit Court of Appeals opinion holding that Indiana’s practice of requiring registration of individuals who committed offenses prior to the enactment of their registration law, but moved to Indiana subsequent to the enactment of the law, does not violate the constitutional right to travel.
People v. Betts (Mich. 2021)
Michigan Supreme Court opinion holding that Michigan’s SORA violates ex post facto prohibitions contained in the state and federal constitutions.
Doe v. SORB (Mass. 2021)
Supreme Judicial Court of Massachusetts opinion affirming the determination of the state sex offender registry board that registration as a level three sex offender was warranted and lawful in the case of an individual convicted of a non-sexual child kidnapping offense.
Arthur v. United States (D.C. Ct. App. 2021)
District of Columbia Court of Appeals opinion holding that D.C.’s SORA law does not violate Ex Post Faco prohibitions as applied to an individual convicted prior to its passage and required to register.
United States v. Comer (4th Cir. 2021)
4th Circuit Court of Appeals opinion upholding conditions of supervised release prohibiting social network use without prior approval from a probation officer.
People v. Landis (Colo. Ct. App. 2021)
Colorado Court of Appeals opinion holding that internet and social media restrictions imposed as a condition of supervision for a sex offense do not offend the First Amendment or Colorado statutory scheme.
In re T.B. (Colo. 2021)
Colorado Supreme Court opinion affirming in part the decision of the Colorado Court of Appeals holding that mandatory lifetime juvenile sex offense registration is unconstitutional under the Eighth Amendment.
Desper v. Clarke (4th Cir. 2021)
4th Circuit Court of Appeals opinion affirming the lower court dismissal of a lawsuit brought by an individual incarcerated on a sex offense who sued alleging that Department of Corrections Regulations that resulted in him being denied in-person visitation with his minor daughter violated Equal Protection and Due Process.
State v. Johnson (Wash. 2021)
Washington Supreme Court opinion holding that a condition of supervision requiring pre-approval of all internet access by a supervision officer did not violate the First Amendment.
Childers v. Crow (10th Cir. 2021)
10th Circuit Court of Appeals opinion holding that a habeas corpus petition filed by an individual required to register was time barred, and that he did not raise a sufficiently colorable claim of actual innocence to overcome procedural defects.
Powell v. Keel (S.C. 2021)
South Carolina Supreme Court Opinion holding that lifetime registration without an opportunity to review one’s risk of re-offense violates Due Process.
Doe v. SORB (Mass. 2021)
Supreme Judicial Court of Massachusetts opinion holding that Due Process principles require that sex offender classifications be performed at or near a person’s time of release, even if they had previously received a classification and did not contest it.
Davidson v. State (La. 2021)
Louisiana Supreme Court opinion holding that a conviction dismissed subsequent to successful completion of probation is still a registrable offense, and that Ex Post Facto concerns were not implicated in the case of a Florida resident who sought to avoid registration on his return to Louisiana.
Menges v. Knudson (D. Mont. 2021)
Federal trial court opinion finding that Montana’s requirement that a plaintiff register as a sex offender for engaging in consensual sex with another male violates Equal Protection, Due Process, and privacy rights under the Montana constitution.
Doe v. Lee (M.D. Tenn. 2021)
Federal trial court opinion for the Middle District of Tennessee granting a preliminary injunction in favor of a plaintiff bringing constitutional challenges to Tennessee’s SORA.
Alaska v. Wright (U.S. 2021)
United States Supreme Court opinion finding that, when an individual is in custody for a federal failure to register offense, they are not also in custody for the purposes of collaterally attacking a predicate state sex offense conviction via habeas.
Hearn v. McCraw (5th Cir. 2021)
Texas federal trial court finding that changes in the law mandating registration subsequent to a plea agreement where registration was not contemplated did not violate contractual Due Process rights, and that the claims were time barred.
Thomas v. Blocker (CA3 2020, M.D. Pa. 2021)
Federal district court, following remand from court of appeals, granting defendants’ motion for summary judgment on claims that Pennsylvania’s SORNA violated Due Process & Ex Post Facto constitutional provisions, in addition to retaliation and defamation claims.
Fortune v. State (Iowa 2021)
Iowa Supreme Court opinion reversing and remanding a trial court opinion denying Appellant’s petition to be removed from the registry after he had met the statutory criteria.
People v. Rollins (Ill. Ct. App. 2021)
Illinois Court of Appeals opinion affirming the conviction of a defendant who was required to register as a sex offender and violated a state law that prohibited registrants with offenses related to children from taking photographs of children.
Steinman v. Blocker (Pa. 2021)
Pennsylvania Supreme Court order reversing lower court finding that Pennsylvania’s SORA was punitive and could not be applied retroactively.
Barnes v. Jeffreys (N.D. Ill. 2021)
Illinois district court opinion finding that the Illinois’ Department of Corrections policy of prohibiting more than one registrant from residing at an address while on supervision to be unconstitutional under the 8th and 14th Amendments.
Doe v. Peterson (D. Neb. 2021)
Federal district court opinion finding no constitutional violation with regard to Nebraska requiring juveniles adjudicated out of state and registered privately in their respective states to be placed on Nebraska’s public registry upon moving there.
North Carolina v. Fuller (N.C. 2021)
North Carolina Supreme Court decision finding that a trial court order determining that a defendant was a “danger to the community” was not in error, and thus registration was required under state law, following his conviction for secret peeping.
United States v. Clemens (8th Cir. 2021)
8th Circuit Court of Appeals opinion affirming a defendant’s liability for the full amount of a victim’s losses in a child pornography offense–regardless as to whether those losses were incurred prior to the defendant’s conduct–as well as a condition of supervised release prohibiting the possession of adult pornography.
Harrison v. Wyoming (Wyo. 2021)
Wyoming Supreme Court opinion holding that appellant was not eligible to petition for removal from state registry on the basis that he had not registered for 25 years under state law, fact that his conviction occurred 25 years ago notwithstanding.
United States v. Burgee (8th Cir. 2021)
8th Circuit Court of Appeals opinion affirming Appellant’s conviction for failing to register under federal law, rejecting challenges that his state law conviction should not have required registration, and that the federal definition for which offenses require registration was void for vagueness.
United States v. Rogers (1st Cir. 2021)
1st Circuit Court of Appeals opinion holding that mandatory polygraphs imposed as a condition of treatment do not violate the Fifth Amendment so long as revocations do not arise solely from failing polygraphs or from invoking Fifth Amendment rights. Additionally, the Court held that Appellant’s suspension from treatment for violating terms of his release did not violate Due Process.
Commonwealth v. Daughtery (Ky. 2021)
Kentucky Supreme Court holding that lifetime registration was required for Appellant who was convicted of multiple counts of distribution of illegal images.
United States v. Sorenson (8th Cir. 2021)
8th Circuit Court of Appeals opinion holding that the trial court did not abuse its discretion in imposing a variety of supervised release conditions on a defendant who was convicted of failing to register under federal law.